Browsing by Author "Neilson, Linda C"

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    Enhancing civil protection in domestic violence cases: cross Canada checkup
    (2015) Neilson, Linda C
    Concerns about the operation of civil protection order proceedings in intimate-partner/domestic violence (DV) cases have been raised repeatedly in legal-system research in many jurisdictions, including Canada. Yet effective civil protection orders can make the difference between lives harmed and lives saved. In a search for solutions, this paper connects domestic-violence research, research on the operation of legal systems in domestic violence cases, and civil protection processes and options (case law and statutes) across Canada. The goals are to support the work of professionals and to enhance the health and safety of families and children in DV cases. For purposes of this paper, the term ‘civil protection’ excludes discussion of criminal protection orders, such as peace bonds, and orders pursuant to child protection legislation. Nonetheless the term includes discussion of civil protection options pursuant to: 1) federal, provincial and territorial family law legislation, 2) provincial and territorial marital property legislation, and 3) provincial/territorial DV prevention statutes (listed in Chapter 16.1). The report adopts a problem-solving approach. PART ONE identifies principles of practice associated with effective options generated from analysis of sociolegal evaluations of the operation of the legal system in DV cases. PART TWO connects the principles discussed in Part One to particular types of protection proceedings across Canada (DV prevention legislation, restraining order legislation, and protection legislation connected to possession of marital home and personal property). PART THREE identifies gaps in Canadian legislation that, if addressed, could enhance family health and safety.
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    Responding to domestic violence in family law, civil protection & child protection cases - CanLII e-book
    (2020) Neilson, Linda C
    This E-book has evolved from the research and writing of three editions of a bench book on domestic violence for Canadian Judges on behalf of the National Judicial Institute: Linda C. Neilson (2009) “Domestic Violence and Family Law in Canada: A Handbook for Judges” (Ottawa: National Judicial Institute) with Introductory Comments by Justice John F. McGarry, Superior Court, Ontario, published in electronic bench book format as “Domestic Violence, Family Law”; Linda C Neilson (2011, 2nd edition) “Domestic Violence Electronic Bench Book” (Ottawa: National Judicial Institute); and Linda C Neilson (2015, 3rd edition) “Domestic Violence Electronic Bench Book” (Ottawa: National Judicial Institute). The bench book was cited by the United Nations as one of Canada's major family violence works in the United Nations' (2012) “Handbook For National Action Plans on Violence Against Women” at page 28–29; it was also cited as the model to follow when developing similar practice materials for judicial use throughout Australia in Australia Law Reform Commission and New South Wales Law Reform Commission (2010) “Family Violence - A National Legal Response” (ALRC Report 114) (Australian Government). This e-book, while related to these works, has been updated and modified for lawyers and service providers.
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    Spousal abuse, children and the legal system final report for Canadian Bar Association, Law for the Futures Fund
    (2001) Neilson, Linda C
    Despite years of professional, academic, public education and discussion about family abuse and its dangers for women and children, little seems to have changed for the better in the legal system, in practice. Indeed the weight of the evidence suggests that the dangers for children are increasing with increasing politicisation of rights claims associated with parenting. While, theoretically, reported cases suggest increasing awareness among at least some judges of partner abuse and the implications for children, closer examination reveals that such understandings are not always mirrored in legal praxis. We found limited, albeit some, evidence of gender bias or discrimination in child custody and access cases and much evidence that responsible parenting during access visits is more an exception than a rule in partner abuse cases. Custodial parents are reporting that their children are being harmed by contact orders and agreements; they ask for a mechanism to protect their children, and the children of others, from further harm. In connection with partner abuse generally, we found some evidence of false or exaggerated claim in isolated cases but little evidence to support the notion that exaggerated or false claims of partner abuse are common in child custody and access cases. Interview data - about patterns and details of partner abuse in former relationships - were consistent in their entirety with allegations and statements about partner abuse found in court files. And reported cases, court files and lawyers all disclosed lower rates of claims of partner abuse by separating and divorcing couples than researchers report for the same population. In terms of legal assessments of abuse, reported cases, court files, lawyers and clients all indicate conceptualisations of abuse that focus on action and intention with incomplete analysis of social context. Although assessments of social context do not preclude the experiences of abused men, failure to assess context (history of the dynamics of the relationship, including the patterns and severity of prior abusive behaviors and the psychological and physical consequences to the recipient) will commonly produce false interpretations and assessments - in favor of abusive partners. This issue is particularly important in light of another finding: that survivors of long-term abuse commonly report incidents of their own violence at the point they decide to separate from abusive partners. All data sources indicate limited understandings, within the legal system, of the dynamics and implications, especially for children, of partner abuse. While, theoretically, experts are able to advise lawyers and judges about these matters, the involvement of experts in partner abuse cases is rare and indeed financial information in court files indicates that most families involved in such cases do not have the resources necessary to hire experts.